· 8/5/2004
Brandi Hare Walker v. Elmore County Bd. of Ed.
Citations
- 379 F.3d 1249
- 9 Wage & Hour Cas.2d (BNA) 1441
- 2004 U.S. App. LEXIS 16135
- 85 Empl. Prac. Dec. (CCH) 41,771
- 2004 WL 1746612
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “the statute does not protect an attempt to exercise a right that is not provided by FMLA”
- holding that eligibility is a prerequisite for a retaliation claim
- holding that eligibility is a prerequisite for a retaliation claim
- dismissing FMLA discrimination claim since based on the pleadings, plaintiff was not an eligible employee
- finding no prima facie case where the plaintiff was not eligible when the request was made and would not be eligible for leave when the requested leave was 41 to begin
- rejecting retaliation claim because “[t]here can be no doubt that the request—made by an ineligible employee for leave that would begin when she would still have been ineligible—is not protected by the FMLA.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Tjoflat, Barkett, Hill
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.